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Evidence Needed to Prove a Wrongful Death Claim

Posted by Inna Gorin | Sep 06, 2017

Losing a loved one is extremely painful and difficult to accept – especially when that loss is directly attributable to someone else's negligence.

Under the law, a “wrongful death” is a death that is caused by a wrongful act, negligence, omission, or default of another.

Evidence Needed in a California Wrongful Death Claim

California law allows family members to recover losses caused by a wrongful death financiallywrongful death.

While no amount of money can change the past and bring your loved one back, a successful wrongful death claim can undoubtedly help you feel that justice has been done and address any financial issues associated with your loss.

However, recovering losses is not as simple as saying you believe you deserve compensation. California state law and the courts have strict procedures that must be followed, and legal burdens of proof must be met before the other party can be held liable for wrongful death.

You have to have facts to prove certain legal elements to prove wrongful death.  

For example, you must be able to prove with facts the death occurred due to another party's wrongful or negligent act. This means having enough evidence to meet the required burden of proof.

You are not required to prove a wrongful death case beyond a reasonable doubt like a criminal case. Instead, you only have to prove that it was 51% likely the death was wrongful. This is commonly known as the preponderance of the evidence.

At Injury Justice Law Firm, LLP, we understand the legal terms can be confusing and how important it is for people who have lost loved ones through tragedy to feel a sense of closure.

Our personal injury lawyers provide compassionate, aggressive, and goal-oriented counsel and representation and have the experience required to bring your case to a successful outcome.

Complexities Associated with Wrongful Death Cases

Wrongful death cases are generally more complex than other types of personal injury cases.

For starters, a wrongful death claim is typically brought by the personal representative of a decedent's estate and is filed against the person or entity who caused the decedent's death.

In California, a wrongful death case may be brought on behalf of the wife, husband, child, or children of the decedent.

If there is no wife, husband, or child, a wrongful death action may be maintained for the benefit of the parents, sisters, or brothers of the decedent who may have been dependent upon the decedent for support.

Additionally, if your family member's wrongful death was caused by negligence, you must be able to satisfy all the certain legal elements of negligence.

These elements include that the liable party had a duty of care to the victim; they breached the duty of care somehow; the breach caused the accident leading to the death, and the wrongful death resulted in losses to you.

A duty of care will vary depending on the specific type of accident. Some wrongful death cases are not caused by negligence but intentional violence. In these types of cases, the legal elements to prove a deliberate act include that the person intended to commit the act made contact with the victim, and the contact caused fatal results.

Common Causes of Wrongful Death in California

Many accidents have the potential to be fatal. Some of the most common causes of wrongful death include the following:

  • Motor vehicle accidents
  • Workplace accidents
  • Slip and falls
  • Negligent supervision
  • Medical malpractice
  • Defective or malfunctioning products
  • Defective or malfunctioning medical devices
  • Defective drugs
  • Criminal acts

Proving a Wrongful Death Case

Wrongful death cases that arise from accidents (as opposed to intentional acts) in California are governed by negligence law. It's important to note again; the plaintiff must demonstrate that the decedent was owed a duty and that the defendant breached this duty, legally and proximately, resulting in the decedent's death. 

One of the most significant difficulties in proving a wrongful death case is that the deceased accident victim. Therefore, he is not available to testify at a deposition or trial. To prove wrongful death, the following types of evidence are helpful:

  • Testimony of eyewitnesses to the accident
  • Testimony of family members, coworkers, or friends of the decedent
  • Expert testimony of an accident reconstructionist who can prove that the accident resulted in the decedent's death
  • Expert testimony of medical providers
  • Documentary evidence of funeral expenses and other costs associated with the decedent's death

If it can be proven the death was caused by another party's negligent or wrong act, the next step is to prove you sustained damages as a result of the loss.

Common damages sought after in a California wrongful death case include the cost of the funeral and burial, loss of financial support, loss of future income, loss of household services, and loss of victim's love and support.

Remember, Many Wrongful Death Cases Are Settled Out of Court

While it may be necessary to prove negligence in some wrongful death cases, it is essential to keep in mind that many patients are settled well before either side sees the inside of a Los Angeles courtroom.

For example, in a wrongful death case arising from a drunk driving accident in which only the defendant was intoxicated, it is unlikely that the defense would seriously contest legal liability. As a result, the only issue that would still need to be resolved is how much the at-fault party (or their insurance) will pay the victim.

If your case seems like it will settle without you needing to prove negligence, you may be questioning whether you need to retain an attorney. While there is no law requiring you to do so, it is helpful to keep in mind that a lawyer can have a significant impact on how your case is resolved. For this reason, it is highly advisable for anyone who thinks they have a claim arising from an accident resulting in the loss of a loved one to speak to a lawyer immediately.

Suppose a family member has died due to someone else's negligence, and a personal representative has been appointed. In that case, you may be able to bring a wrongful death action on behalf of the decedent's estate.

Our compassionate attorneys can help you resolve your wrongful death case in a way that adequately compensates you for all of the losses you have experienced. Please call our law office at 310-734-7974 or contact us online to schedule a free consultation.

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About the Author

Inna Gorin

Inna Gorin, the founding Partner of Injury Justice Law Firm modeled the Firm after her ideals and principles of what skilled, aggressive and tenacious representation of individual clients should embody. Ms. Gorin's mission is to level the playing field, and provide her clients with the same level...


If you have been injured in an accident, our experienced Los Angeles personal injury attorneys will protect your legal rights and help you recover compensation for your injuries. We are available 24/7 for your risk free initial consultation in Beverly Hills, Encino, Glendale, Hermosa Beach, Lancaster, Long Beach, Los Angeles, Marina Del Rey, Redondo Beach, Torrance, Santa Monica, San Fernando Valley, Valencia and Ventura County areas.